Appeal No. 2000-0004 Page 4
Application No. 08/872,004
reference anticipates a claim must focus on what subject matter
is encompassed by the claim and what subject matter is described
by the reference. As set forth by the court in Kalman v.
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed.
Cir. 1983), cert. denied, 465 U.S. 1026 (1984), it is only
necessary for the claims to "'read on' something disclosed in the
reference, i.e., all limitations of the claim are found in the
reference, or 'fully met' by it."
In support of this rejection, the examiner states:
The Harrigan patent discloses a tubular
container in the form of a ring used to
contain suntan lotion. . . Figures 11, 12
disclose a tubular band 22 having a hollow
interior, a port at one band end closed by a
plug 160, and a screw cap 167 fitting about a
neck portion 163 of the plug and sealing it.
Fasteners 154, 168 connect opposite ends of
the band together. The contents of the
tubular band can be removed or refilled
through the neck portion 163 when the cap 167
is removed. [final rejection at page 2].
Appellant argues that Harrigan does not teach or suggest using
the bracelet to store a drinking fluid or securing the bracelet
around the neck of a pet.
We agree with the appellant that Harrigan does not disclose
that the bracelet may be used to store drinking fluid or that the
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007